PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            29 December 1999  
	DOCKET NUMBER:    AR1999024279

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Christopher J. Prosser		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his military records to show award of the Purple Heart, the Vietnam Cross of Gallantry with Palm Unit Citation, the Marksmanship Qualification Badge and the Air Medal. 

3.  The applicant states that he believes he should have been awarded the Purple Heart because of shrapnel wounds received in Vietnam.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge) and VA documentation dated 23 September 1997 and 29 August 1997. 

4.  The applicant’s military records show that he enlisted on 16 January 1967 for a period of 3 years.  He served as a helicopter repairman in Vietnam from 
10 August 1968 to 2 February 1969 and was honorably discharged on 16 March 1970. 

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart, the Vietnam Cross of Gallantry with Palm Unit Citation, the Marksmanship Qualification Badge or the Air Medal as authorized awards. 

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record), which was authenticated in his own hand, does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

7.  The applicant provided a letter from the VA, dated 23 September 1997, which shows he was granted service connection compensation for a shrapnel wound of the right forearm at 0 percent.  The applicant also provided a VA Rating Decision, dated 29 August 1997, which states “Service medical and personnel records do not document any shrapnel wounds in service.  No scars were noted at separation from service.” 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Cross of Gallantry with Palm Unit Citation based on Department of the Army General Order Number 59, dated 1969.

9.  10th Aviation Group Special Orders Number 249, dated 1 December 1967, shows the applicant was awarded the Sharpshooter Qualification Badge with Rifle Bar.  

10.  Headquarters 9th Infantry Division General Orders Number 879, dated
25 January 1969, shows the applicant was awarded five awards of the Air Medal.
11.  Headquarters 9th Infantry Division Special Orders Number 33, dated 
2 February 1969, shows the applicant was awarded the Aircraft Crewman Badge. This award is not shown on the applicant’s DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 13 February 1967 to 31 January 1969 by Department of the Army General Orders Number 36, dated 1970.  This award is not shown on the applicant’s DD Form 214.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Order Number 59, dated 1969.  This award is not shown on the applicant’s DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

CONCLUSIONS:

1. The Board noted the VA decision to award service connection for a shrapnel wound of the right forearm.  However, this decision is not sufficient as a basis for award of the Purple Heart, particularly in view of the evidence of record which shows the applicant was not wounded and did not receive the Purple Heart.  The VA stated there was no medical record of wounds and the applicant signed his own discharge and authenticated his own DA Form 20 which attested that he was not wounded and did not receive the Purple Heart.  Therefore, he is not entitled to award of the Purple Heart.

2.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation, the Sharpshooter Qualification Badge with Rifle Bar, the Air Medal with Numeral 5, the Aircraft Crewman Badge, the Meritorious Unit Commendation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his military records to show these awards. 

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Vietnam Cross of Gallantry with Palm Unit Citation, the Sharpshooter Qualification Badge with Rifle Bar, the Air Medal with Numeral 5, the Aircraft Crewman Badge, the Meritorious Unit Commendation, and the Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

GDP____  CLG____  CJP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999024279	
SUFFIX		
RECON		
DATE BOARDED	19991229	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19700316	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0094	
3.	107.0110	
4.	107.0018	
5.		
6.